Workplace Injury: Sue Outside Workers' Compensation
If you've been injured in the workplace, you have probably been told that the only compensation you can receive will come from your employer's compensation insurance. Even though this is the general rule, there are many exceptions based in each different situation, in which you may be able to sue for damages caused by your injuries. The below-mentioned examples clearly explain all the ways an employee can get injured, caused in workplaces, in which he can sue for these damages, depending on who is responsible for this cause.
· If you were injured because of your employer's intentional or notorious conduct, you might be able to bring a personal injury lawsuit against your employer.
· If your employer does not carry workers' compensation insurance, you might be able to sue your employer in civil court or collect money from a state fund.
· If you were injured by a defective product, you might be able to bring a products liability action against the manufacturer of the product.
· If you were injured by a toxic substance, you might be able to bring a toxic tort lawsuit against the manufacturer of that substance.
Although workers' compensation can offer money and benefits to an injured worker, temporary disability and permanent disability payments, which usually considered to be quite low and do not compensate the worker for things like pain and suffering. Workers' compensation also does not provide punitive damages to punish an employer for poor safety controls or dangerous conditions. That is why it is significant for injured workers to recognize their privileges to bring a case outside of the workers' compensation system.
- If You Were Injured by a Defective Product
In case that the worker is injured by a machine or piece of equipment that is defective, failed to work properly, or is inherently dangerous, the manufacturer of the machine or equipment can be assumed as responsible for the injury if it was aware of the danger and did not properly warn the business or employees of the danger. In such a situation, the manufacturer would have to compensate the worker for things such as medical bills, pain and suffering.
Forthwith, the lawsuits described in this article, you might obtain additional money from government benefits such as ‘Social Security Disability Insurance’ (SSDI) if your injury is disabling and prevents you from working.
For more information and guidance please email Michalaki, Pitsillidou & Co LLC - iMPK Global Business Law Firm – Cyprus Lawyers, at [email protected] or visit our website at www.impklawyers.com.Tel. +357 25660092 – Fax +357 25 660097.